Calum Kerr
Main Page: Calum Kerr (Scottish National Party - Berwickshire, Roxburgh and Selkirk)Monday 28th November 2016
(8 years, 1 month ago)
Commons ChamberRead Full debate Digital Economy Act 2017 View all Digital Economy Act 2017 Debates Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 28 November 2016 - (28 Nov 2016)
Matt Hancock
I am looking forward to seeing the data for exactly that reason. In my rural constituency, I can drive for 10 minutes without getting a signal at all—that includes driving past houses—and the same probably applies to many other people. The lived experience is critical to judging whether the figures are broadly correct. I am entirely with my right hon. Friend on that. My job, and our job in the House, is to hold the mobile network operators to account and ensure that they deliver high-quality geographic coverage, whether it is in Rhondda, Welwyn, in Suffolk or, indeed, in Buckinghamshire, Mr Speaker.
Calum Kerr
May I make what I hope is a quick, constructive point? May I urge all Members to encourage their constituents to download the Ofcom android app, which is specifically designed to gather data so that we can be better informed, and to publicise it in their constituencies?
Matt Hancock
Quite so. As you may say yourself, Mr Speaker, I am not sure that that is entirely a matter for the Bill, but the hon. Gentleman has made his point.
New clauses 21, 22 and 27, tabled by Plaid Cymru and Scottish National party Members, are not necessary, because they call for what is already the position. New clause 21 is not necessary because it is already a requirement that when emergency services network sites are used to provide coverage for the public, they must be made available to all mobile network operators. New clause 22 is not necessary because Ofcom already has the power to impose structural separation on BT Openreach if it considers that that is required. New clause 27 is not necessary because there is already a universal service obligation in the Bill to take high-speed broadband to all premises. I hope that we can use that as the means to deliver the goals that we no doubt share.
As for new clause 26, the Government take the issue of interference with assistive listening devices very seriously, and we will work with Ofcom to take appropriate action when harmful interference with such devices has been identified. I have met representatives of the National Deaf Children’s Society, and I can tell the House that further testing will begin next month and Ofcom will publish its findings by April 2017. I hope that we are making some progress on that important matter.
Calum Kerr
I stand to speak to new clauses 22 and 27, neither of which I think the Minister referred to—unless I slept through that bit. I hang on his every word normally, so I am sure that was not the case.
Before I do that, I would like to touch on a couple of other new clauses. It is a pleasure to follow the hon. Member for Devizes (Claire Perry). She and her many colleagues in the House have campaigned hard on this issue, and the Government’s move in new clause 28 is welcome. However, I would just quickly recount a story. When I was on the Bill Committee, I phoned home one night. Of course my wife said, “What have you been up to today?” I explained about access to under-age pornography, and she said, “Well, funnily enough, I came home today from work and found Robert”—he is seven years old—“looking at inappropriate content.” My heart sank. She said, “He was watching the third presidential debate,” and I can see where she was coming from. She said to him, “Robert, do you know what you are watching here?” He said, “Yes, I do.” She said, “Well, why are you watching that?” He said, “Because it’s important, and I have a friend at school called Donald.”
That brings me on to the concerns raised by the hon. Member for Cardiff West (Kevin Brennan), which we share. As we proceed down this route, it is important that these powers are a last resort, that they do not stop access to sites they were not intended to affect and that, as a result, we proceed with care. We should take sufficient time to look at the implications, and we should seek to avoid unintended consequences for ISPs and websites, while still developing a robust set of measures that stop young Robert accessing the content we really want him to avoid.
Earlier, we had mention of the importance of the method of verification and of the tool Yoti. I always pronounce it “yachty”, because I like yachty a loty, given that it means that databases are not built of what people are accessing, and individuals are protected. I commend those on the Labour Front Bench for some of their efforts to push these things further.
Let me quickly touch on two issues before going on to my own new clauses. On new clause 7, I am surprised by the Minister’s approach to mobile phone contracts. If he consulted Ofcom, it would tell him that it was highly supportive of measures such as a maximum bill level. It seems eminently sensible that when people sign up for a contract, they are asked, “Would you like to set a maximum amount?” I really cannot fathom why the Government would block that. I fully expect to revisit that sometime soon.
I would also ask the Minister to check some of the wording in terms of the ESN sites, which he said would be available to all providers. That is not my understanding. The ESN is provided by EE, but also by extended area network sites, and those are the sites that will be multi-platform, but they are only part of how the service will be provided, so perhaps the Minister will revisit and consider what he said there.
My hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), whose constituency name is as long as mine, is worried he may not get to speak, so I will mention his new clause 20, which is very similar to new clause 25, and provides for a constituent to cancel a contract if they do not have service.
Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
In some circumstances, a consumer is unable to get what they have paid for. For example, I had consumers in Fort Augustus who had to wait over four months to be reconnected to their mobile signal and were threatened with a £200 cancellation fee. Does my hon. Friend agree that that is flatly unacceptable and they should have an option to get out of these contracts?
Calum Kerr
I wholeheartedly agree with that excellent point. This is another common-sense measure that should be taken. I also welcome some of the other comments about linking it to auto-compensation so that it should be a case of either cancelling a contract or potentially—
Drew Hendry
I wonder whether my hon. Friend is surprised, as I am, although perhaps I should not be, that the Minister has refused to accept this, given that last year his predecessor said to me:
“The suggestion you make—that mobile customers ought to be able to leave their contracts if the service is unacceptable is a good one. Mobile customers should not be trapped in contracts if they have no effective signal and an unusable service.”
Calum Kerr
I thank my hon. Friend for that extra clarification. This is why we entered the Bill Committee in a spirit of naive optimism that our sensible new clauses could yet be accepted.
Calum Kerr
How we learned, indeed.
I now move on to my two new clauses. New clause 22 proposes that there should be an explicit power for structural separation of BT Openreach were that deemed necessary. We in this place know how critically important connectivity is, and I am sure that all right hon. and hon. Members welcomed, as I did, Ofcom’s digital communications review. I support its taking a fairly strong line on the measures that BT should take on access to ducts and poles, and on making a planning tool and other things more readily available, while retaining the option of structural separation. Indeed, the Secretary of State confirmed this on Second Reading. If structural separation is truly to be an option on the table, it is essential that Ofcom is confident that it can enforce it if it concludes that it is necessary.
The current situation is that Ofcom considers that it has the power under the EU framework directive to impose structural separation. Clearly, though, taking such a case to the EU Commission at a time when Brexit means Brexit is fraught with difficulty, especially considering that it is highly likely that BT would appeal any such move. It is also worth noting that BT has stated publicly that it believes there is no mechanism for structural separations of a telecoms company, and has even threatened 10 years of litigation and arguments. This Bill offers a simple way to remove any ambiguity around the issue, and that is what the new clause aims to do.
Unfortunately, owing to the processes of the House, I can press only one new clause in this group to a vote, so I will not press this one, much as I would like to. However, I encourage the Minister to revisit this measure and add it in, even though I still believe that the Ofcom strategy is right and that separation is the correct route only if combined with something else, such as a significant investment plan in Openreach from other providers who are currently making a lot of noise.
New clause 27 is about introducing a broadband voucher scheme as an alternative to the standard USO provision. Let me first say that I welcome, as I am sure we all do, anything that improves connectivity, but I have huge reservations about the approach being taken. I appreciate that, as the Government outlined in supplementary papers during the Bill’s progress, there is a flexible element to their design of the USO in terms of download speed, upload speed, latency and other aspects, but much is undecided. Although I disagree fundamentally with the 10-meg starting point, what really concerns me is the use of a universal service obligation. Pursuing this route pushes the Government into having to follow a very prescriptive process that will lead to a provider, or perhaps of couple of providers, being selected. It looks highly likely, as I think we all know, that it is likely to be BT. Sharon White confirmed before the DCMS Committee that BT is in pole position on this.
Drew Hendry
My hon. Friend is making an excellent point. Does he agree that the people who need the service should be able to choose the best option for them, and that in rural areas one size does not fit all?
Calum Kerr
I absolutely do agree. I will come on to that point later.
I would contrast the USO measure with last week’s announcements. We have heard the Government say that fibre is the future, but our record in this country on fibre-to-the-home, or fibre-to-the-premises, is pretty woeful. The broadband investment fund announced in a previous Budget had some money put into it, and hundreds of millions of pounds were committed to 5G trials and fibre backbone. All that is welcome, if slightly unambitious, but we have not seen anything specifically for rural areas. We are talking about a fibre and gigabit future in urban areas while telling rural areas that they should settle for 10 megs and a USO. That is not closing the digital divide—it is turning it into a gaping chasm of inequality. A badly implemented USO will not fix the issue but might, through legislation, cement this digital divide.
My new clause aims to address this issue. From the start, as I have looked at potential solutions, the one that I kept coming back to was a voucher alternative. At the Broadband World Forum, a representative from the Independent Networks Cooperative Association said that if we introduce a voucher scheme, we turn a universal service obligation into a universal service opportunity. In our constituencies we have highly motivated groups of people who will, yes, okay, maybe on day one, be happy with 10 megs because if they have been living with 1 meg it will be transformational, but quickly see that they are being left behind and be very unhappy about it. Although the Bill includes provision to revisit this, it does not specify when, and these people will be left further and further behind. The idea of a voucher scheme was endorsed by INCA chairman David Cullen, who said:
“The principle of a Universal Service Obligation is an outdated concept in a sector focused on significant growth and could well translate into a ‘ceiling’…a voucher scheme for premises could be far more effective.”
The Minister did not deal with this new clause in his opening remarks. I urge the Government to embrace the option of a voucher alternative to empower our rural communities, who, as I know from my own community, want to go further. They understand technology. They will put in fibre-to-the-home, providing a much faster solution. This is not a one-size-fits-all—
Matt Hancock
I did address this point. I said that the USO contained in the Bill will get high-speed broadband everywhere. Furthermore, a broadband voucher scheme does not require legislation. In fact, we have had one in the past without legislation. This new clause is therefore unnecessary.
Calum Kerr
I thank the Minister for that intervention. He makes a point that I forgot to make, which is that there is previous history in this area. Broadband Delivery UK managed a voucher scheme that was phenomenally successful. Perhaps I have become a cynic far too quickly in this place, but if the Government do not put this in the Bill, I do not believe it will happen. I will therefore press the new clause to a vote. We should ensure that as the Government say that fibre—
Matt Hancock
As an example of the fact that we can do this through non-legislative means, not only did we have such a scheme in the past, but at the autumn statement last week we announced that we are to consult on a new one. I think that that takes care of the concerns behind the new clause.
Calum Kerr
I thank the Minister for that positive news, but it does not take care of those concerns. I am seeking a specific alternative to the USO, so that my communities who want fibre to their home can have this foundational voucher that sets them on a path to something far more ambitious than what the Government propose. The Government say that fibre is the future. Guess what? My constituents want to be part of that future, too.
Several hon. Members rose—
Damian Collins
I am grateful to the hon. Gentleman for his comments; he is right.
We are proposing a way to control the bots. The Government are in discussions with the industry, and they might find a better solution to achieve the same end, but I certainly think it is incumbent on us in this place to try to find a solution, not only because this affects the ticketing market but because it rips off the consumer. What kind of people seek to make money selling tickets in this way? We asked that question in the Select Committee and we were told that criminal gangs—some linked to paramilitary organisations in Ireland—were making money as industrial touts selling tickets on the secondary market. It is important that we regulate this industry, not only to protect the consumer but to clamp down on some serious criminal elements who are seeking to make money through this technology. If we can stop that, we will be doing this country a service.
Calum Kerr
I shall try to be brief because I am aware that a number of Members want to speak. I commend the hon. Member for Cardiff West (Kevin Brennan) for his excellent run-through of some excellent ideas. If only the Government were more often in listening mode than in broadcast mode. I wholeheartedly agree with the hon. Gentleman’s remarks about new clause 8. It was a political decision to introduce free television licences for the over-75s. We have an ageing population and a rising number of cases of loneliness among the elderly, and this is a welfare policy. Why would the Government outsource a welfare policy to an external body such as the BBC? Their answer was that the BBC wanted it as part of its financial settlement, but that does not make it right. The reality is that this is an abdication of responsibility and an outsourcing of bad news.
Kelvin Hopkins
The hon. Gentleman makes a good point. The BBC did not really want the responsibility. Did the BBC not just say that it did so because it wanted a good deal on the charter?
Calum Kerr
I wholeheartedly agree. I think people at the BBC were saying, “They’ve got us so worried about what the settlement could be. Let’s just accept the offer that’s on the table for heaven help us what might happen.” There is cross-party support for this new clause.
Calum Kerr
Six-party support; I thank the hon. Gentleman for his clarification. He is well deserving of his TV licence—when he gets old enough. I truly support new clause 8 and also back the other measures relating to the BBC in new clauses 17 and 18. If we believe in public service broadcasting, the way to protect it is to cherish it, to look after it and to ensure its listings appear as technology evolves, not to give it a huge liability and line it up for a potentially deeply unpopular future decision.
Turning to new clause 15, it was interesting to hear and largely concur with the comments of the former Secretary of State, the right hon. Member for Maldon (Mr Whittingdale). I support the idea of pushing for something further on search engines, but I am conscious that there is a dialogue between parties that both have a stake in something. It is interesting that the right hon. Gentleman is now coming around to the idea of some legislative intervention, but we look to the new Front-Bench team for answers to what that might be and when. What movement do they expect to see before they would legislate? The Minister touched on that in Committee, but what would be the trigger for intervention if the industry was not going far enough?
Digital ticketing has been well discussed already. If someone behaves illegally by going into a shop and buying all the produce and then selling it in a way that was not intended, the answer is not necessarily better security; the answer is making it illegal. I get the point of the hon. Member for Weston-super-Mare (John Penrose), but let us make it illegal and drive out this morally unacceptable behaviour. If I may paraphrase the US moral philosopher Eric Holler, as I did in Committee, every great idea begins as a movement, becomes a business and eventually degenerates into a racket. That is what we have here. Fan-to-fan ticket exchanges have led to rampant touting.
Finally, I commend the Labour Front-Bench team for their valiant efforts to rescue part 5 of the Bill through measures such as new clause 5. We had two days of evidence in Committee, during which witnesses were fairly damning of the approach being taken on data sharing or data access. As we have gone along, the Government have tried to give us a little more information and have applied sticking plasters here and there, but nothing has convinced me that they have learned from things such as the Concentrix episode. Somebody tried to buy bulk data and apply it to people receiving tax credits, leading to some of the most vulnerable in our society having their money stopped, being forced into debt or other far more severe consequences.
I remain unconvinced that the Government are heading in the right direction. There is an inherent paternalism. They say, “Don’t you worry. We’ll be fine. Trust us,” and give us a pat on the head, but when it comes to protecting people’s data we should be looking at the Estonian model, which puts the citizen at the centre. We should be open. I should be notified every time my data are shared if it is for my benefit. We should not hide that. Right from the start of the evidence-taking, people were saying that data-sharing is a good thing, but we must earn and retain public trust. I see little evidence that the Government understand that and are willing to do anything other than learn the hard way by making mistakes. I look forward with trepidation to the many debates in this place as various data breaches emerge. I urge the Government to consider removing this whole part of the Bill and to revisit it once they have actually done a proper job.
Calum Kerr
I should like to add to the positive vibes coming from both Front Benchers and join them in thanking the Clerks. I particularly want to thank those in the Public Bill Office, who have been fantastic in dealing with someone who is still relatively new to all this and sometimes does not get things right first time. Officials in the Department for Culture, Media and Sport and in Ofcom have also been particularly constructive and helpful to us as we have found our way.
My hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) and I entered the Bill Committee with all the optimism of newbies, thinking, “We have such massive logic behind our case that the Government’s going to bite our hands off to get at our new clauses and amendments.” Of course, we learned the hard way that that never happens. Even when they completely agreed with us, there was always a wee excuse for why they had to do things in their own way. I remember that the Minister even spoke to my new clause. The Chair had called him to speak before me, and I sat there thinking, “Oh, this could be one of ours. I fundamentally agree with him.” Then I realised, and thought, “Oh, perhaps we’ll need a consultation on this.”
On Second Reading the former Secretary of State, the right hon. Member for Maldon (Mr Whittingdale), compared the Bill to a Christmas tree. That was quite an interesting analogy, considering where we have ended up. I said at that time that the Digital Economy Bill’s title was something of a misnomer, in that it lacked any strategy, ambition or drive to take advantage of digital opportunities. There was certainly no guiding light or star on the top of this tree. It is also fair to say that some of the things that have been hung on it leave a little to be desired. However, we should acknowledge that many of its elements are very welcome, as my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) did in his own inimitable style. He has probably now set a precedent by speaking in an EVEL debate, which he will rejoice in.
Some of those welcome elements did not get touched on today. I think we all agree that the reform of the electronic communication code is overdue, for example, and the measures on customer compensation and switching are very welcome, as are some of the powers for Ofcom and the review of spectrum. However, other parts of the Bill leave something to be desired, as I have said. They feel more tokenistic than meaningful. I am referring in particular to the universal service obligation.
Philip Boswell (Coatbridge, Chryston and Bellshill) (SNP)
Does my hon. Friend agree that constituents in all parts of this country want a fibre future and access to ultrafast, not just fast and superfast, broadband?
Calum Kerr
I totally agree. The Government have missed an opportunity and I am disappointed that they did not accept my new clause 27, although it might be the foundation for the sudden emergence of a strategy on vouchers. Government Members will have to explain to their constituents why 10 megabits per second is okay for rural areas while urban areas aim for a gigabit connection—100 times faster.
The Bill has good intentions in some areas but, as I articulated earlier, its execution will be flawed. My hon. Friend the Member for Rutherglen and Hamilton West (Margaret Ferrier) talked about faulty goods, and I guess these bits are a bit like the parcel under the Christmas tree that looks quite nice, but is deeply flawed when it is opened and will be returned to sender. I would have liked part 5 of the Bill to be returned to sender, but I welcome the Minister’s commitment to continue to iterate and evolve the measures—I thought the amendment paper was going to get bigger than the Bill at one point such was the desire to amend it. I read a tweet from Big Brother Watch that said:
“Good to hear support for GDPR from the minister… can govt now write part 5 so it clearly adheres to it”.
I look forward to continual efforts to ensure that that happens.
In conclusion, among all the sparring and comments—they were light-hearted at times and serious at others—there has been genuine movement on this Bill. We have tried to be constructive in discussions and by setting forward our ideas, and I look forward to continuing in that vein.